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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Media Hukum Indonesia (MHI)
Dafa, M Naufal Abiyi
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Kontroversi Pelecehan Seksual Dalam Bentuk Merangkul Lawan Jenis Fachri, Amanda Maharani; Az-Zahra, Fatimah; Azzahra, Khalita Putri; Dafa, M Naufal Abiyi; Najma, Siti Najla Nur; Yuli, Yuliana
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12189687

Abstract

Sexual harassment is a serious issue that often causes controversy in various circles of society. One form of sexual harassment that is often discussed is the act of embracing someone of the opposite sex without consent. This research aims to examine the controversy surrounding the act of embracing the opposite sex in the context of sexual harassment. The methods used include literature reviews, case analysis. The research results show that the act of embracing someone of the opposite sex without consent may be considered sexual harassment depending on the local context and culture. Factors such as the perpetrator's intentions, the victim's reaction, and the social environment also influence the perception of the act. This study also reveals that there is an urgent need to increase awareness of physical boundaries and the importance of consent in interactions between individuals. In conclusion, a deeper understanding of the social and cultural context, as well as effective education, are essential to preventing sexual harassment in any form.
Implikasi Hukum Terhadap Akta Perjanjian Kredit yang Dibuat Dengan Identitas Palsu (Studi Kasus Putusan Pengadilan Negeri Jakarta Barat Nomor 952/Pid.B/2019/Pn.Jkt.Brt.) Prananda, Mayang Talentasari; Purba, Moses Frederick; Dafa, M Naufal Abiyi; Nurbaety, Setia Nanda; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study discusses how to apply the principle of prudence in credit agreement deeds and the legal implications of credit agreement deeds made using false identities, with a case study of Decision Number 952/Pid.B/2019/PN.Jkt.Brt. The focus of the study lies in the application of the principle of prudence by banks and notaries in the process of making credit deeds. In this case, the debtor used a false identity to obtain credit, which then caused financial losses for the bank. The research method used in this study is a normative legal approach with secondary data. The results of the analysis show that identity falsification not only undermines the legal validity of credit deeds, but can also trigger criminal liability for notaries and administrative sanctions against banks. In addition, the application of the principle of prudence is important in providing credit and preventing losses for the bank as a creditor due to falsification of identity by the debtor.
Legal Protection of Good Faith Buyers in Developer Bankruptcy: Indonesian Supreme Court Decision 24K/Pdt.Sus-Pailit/2025 Dafa, M Naufal Abiyi; Sakti, Muthia
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8734

Abstract

This study examines the legal protection afforded to good-faith housing buyers when objects of a Binding Sale and Purchase Agreement (PPJB) are included in a developer's bankruptcy estate, focusing on Supreme Court Decision No. 24 K/Pdt.Sus-Pailit/2025. The research employs a normative juridical method, using statutory, conceptual, and case approaches to analyze bankruptcy law, consumer protection norms, PPJB regulations, and judicial reasoning. The study finds that although the PPJB in the case was privately executed and did not comply with the formal requirements of Ministerial Regulation ATR/BPN No. 16 of 2021, the Supreme Court affirmed that buyers who had fully paid and taken possession before bankruptcy qualify as good-faith third parties entitled to protection. The Court emphasized the asset separation principle, holding that only assets legally owned by the debtor at the time of bankruptcy may form part of the bankruptcy estate, thereby limiting the universality principle and prioritizing substantive justice. By annulling the curator’s action, the decision strengthens consumer protection in developer bankruptcy cases. This study concludes that buyers require both preventive and repressive legal protection, and that PPJBs should be executed as authentic deeds with a power of sale clause to prevent future disputes.
Co-Authors Az-Zahra, Fatimah Azzahra, Khalita Putri Dwi Desi Yayi Tarina Fachri, Amanda Maharani Muthia Sakti Najma, Siti Najla Nur Nurbaety, Setia Nanda Prananda, Mayang Talentasari Purba, Moses Frederick Yuli, Yuliana